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United States v. Davisson

United States Court of Appeals, Fourth Circuit
Feb 15, 2022
No. 21-6969 (4th Cir. Feb. 15, 2022)

Opinion

21-6969

02-15-2022

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN DAVID DAVISSON, Defendant-Appellant.

John David Davisson, Appellant Pro Se.


UNPUBLISHED

Submitted: January 27, 2022

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:18-cr-00010-JPB-JPM-1; 2:21-cv-00010-JPB-JPM)

John David Davisson, Appellant Pro Se.

Before WILKINSON and AGEE, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

John David Davisson seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2255 motion. See Whiteside v. United States, 775 F.3d 180, 182-83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are subject to one-year statute of limitations, running from latest of four commencement dates enumerated in 28 U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). When, as here, the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that Davisson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED


Summaries of

United States v. Davisson

United States Court of Appeals, Fourth Circuit
Feb 15, 2022
No. 21-6969 (4th Cir. Feb. 15, 2022)
Case details for

United States v. Davisson

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN DAVID DAVISSON…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 15, 2022

Citations

No. 21-6969 (4th Cir. Feb. 15, 2022)